Domestic Violence Calls & Mandatory Arrests - What the Law Says

You may find yourself facing charges for domestic violence if it can be shown that you intentionally harmed a loved one, even by simply acting in a reckless manner. This is usually alleged anytime physical, verbal, or sexual threats are made within a home, regardless of whether the act occurred or not.

If you are arrested for domestic violence, you may find yourself facing time behind bars, fines, court fees, enrolled in anger management and therapy classes, and even losing your right to own a firearm. In cases where children are involved, you may lose your right to visitation or custody and be forced to leave your own home.

Will I be arrested for domestic violence?

Under Kansas law, when a household dispute results in a call to law enforcement, police are required to arrest any party that has been accused of instigating the crime, even if the other person does not want to press charges. For example, let’s say a husband and wife are fighting with one another and the wife throws a punch at her husband. A neighbor, hearing the husband yell back at the wife, calls the police. When police arrived, they determine that the wife actually landed a punch on her husband and must place her under immediate arrest, even though the husband suffered no serious injury and did not seek to press charges against his wife. Due to this mandatory arrest law, even the smallest of disputes can become a complicated legal nightmare.

Police and prosecutors take claims of domestic violence seriously. Upon appearing at the scene of an alleged domestic violence incident, law enforcement will immediately act to protect the alleged victims, often making an arrest in situations that do not call for it, bringing more legal complications and frustrations for individuals.

If you or a loved one have been arrested in connection with a domestic violence charge in Kansas, you need immediate criminal defense. Even a minor, first-time domestic violence charge can land you in jail for six months and a $500 fine, among other penalties.

Protect your rights and defend your future by reaching out to our firm today! We understand how to help with your charges. Contact us today!

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